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Ban-the-Box Laws Continue to Evolve & Continue to Cause Confusion in Pre-Employment Background Screening; Opines CriminalBackgroundRecords.com

Ban-the-Box Laws Continue to Evolve & Continue to Cause Confusion in Pre-Employment Background Screening; Opines CriminalBackgroundRecords.com

WALTHAM, Mass., Feb. 5, 2021 Ban-the-Box  Seemingly every year laws governing the use of criminal history records, as a part of the pre-employment screening process, change and grow increasingly complicated. Adam Almeida, President and CEO of CriminalBackgroundRecords.com, states: “Working with a well-qualified third-party pre-employment background screening agency, such as CriminalBackgroundRecords.com, should remain a best practice for all employers in order to avoid confusion and potential risk regarding the use of criminal records reports.”

Ban-the-Box laws have spread across the country and have been enacted in numerous states and municipalities. Arising from a perception of inequality and bias based on the box that asks if you have criminal history on employment applications, Ban-the-Box laws continue to evolve.

Social justice advocates and employment experts say those convicted of crimes should be allowed to prove their qualifications for a job instead of being eliminated early in the process. With this in mind, there has been a push over the past two decades for employers to remove this type of question from the initial job application and instead ask it later in the hiring process. In theory, this gives job candidates the chance to make their initial case for why they should be hired. It lets them be evaluated on their qualifications, rather than on their criminal convictions, which may or may not give insight into the type of employee they would be. (1)

As time passes laws evolve and legislative bodies continue to modify and/or improve these laws. Every time a background screening law changes, employers should take immediate note.

A good example of modification to law is in Illinois. In early 2021 the state legislative took up the issue of improving existing ban-the-box laws, unique to that state.
On January 13, 2021, the last day before the previous General Assembly adjourned, the Illinois legislature passed Senate Bill 1480 as part of an ambitious lame duck legislative agenda. The bill amends the IHRA to make it a civil rights violation to use a conviction record in any employment-related decision, unless (1) there is a “substantial relationship” between the criminal offense and the position or (2) it would involve an “unreasonable risk” to property or the safety of a specific individual or the general public. (2)
Almeida concludes: “Laws change all the time and a best practice remains for employers to work with a well-qualified third-party pre-employment background screening agency in order to stay current with laws governing the employment process.”
CriminalBackgroundRecords.com is a third-party employment screening company, an advocate of SHRM, a member in good standing with the PBSA (Professional Background Screening Association) and for over 17 years has maintained an A+ Rating with the BBB (Better Business Bureau). The company has highly trained operators well versed in the needs and requirements of companies and organizations large and small utilizing public records, such as criminal background records, as part of a hiring process. Assisting companies in maintaining full compliance under the law is a central tenet of all client relationships with CriminalBackgroundRecords.com.

Disclaimer: The following Press Release comes to you under a network of a strategic syndication partnership with PR Newswire. Prittle Prattle News takes no editorial responsibility for the same.

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